Bill seeks to give pets a voice in R.I. divorce cases + Poll

PROVIDENCE -- In some nasty divorces, the only party without legal representation is the family pet.

State Rep. Charlene Lima wants to change that and has introduced a bill that would require judges to take "the best interest of the animal" into account when deciding who gets custody of domestic animals in a divorce.

"I felt, because pets are so much a part of peoples' families, we need a judge to consider them and to make the best decision for the welfare of the animal," Lima, a Cranston Democrat, said Tuesday.

Currently Rhode Island divorce law considers pets property.

"It's like who is going to get the car, the boat, the beach house," Lima said about the current arrangement.

This year Alaska became the first state to add the interest of pets into divorce law. Lima said she thought something similar was in place in New York.

Rhode Island state lawmakers have passed a number of animal welfare bills in recent years and the Animal League Defense Fund ranked the state the fifth best in the nation for animal protection.

Lima and her now 6-year-old husky Keiko were the driving forces behind a bill passed last year allowing dogs, accompanied by their owners, in the outdoor seating areas of Rhode Island restaurants.

Even if her bill passes, Lima acknowledged that determining custody of a pet in many contentious divorces will be complicated.

"I would assume that they would look at a lot of the factors they do in custody of a child: where is the best place for it to live? Who has been the primary caretaker? Who exercises the pet and who the pet feels comfortable with?" she said. "In some cases they may order split custody."